KORIN GROUP v. EMAR BUILDING CORPORATION


291 A.D.2d 270 (2002)

737 N.Y.S.2d 367

KORIN GROUP, Respondent, v. EMAR BUILDING CORPORATION et al., Appellants, et al., Defendant. (Action No. 1.) RUDOLF BRILLANT-ALONZO, Respondent, v. EMAR BUILDING CORPORATION et al., Appellants, et al., Defendant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 14, 2002.


In the action by the alleged purchaser, plaintiff Brillant-Alonzo, seeking specific performance of a real estate contract where the seller's attorney executed the contract despite lacking written authority (see, General Obligations Law § 5-703 [2]), the motion court properly denied defendants' motion for summary judgment dismissing the complaint in light of the existence of triable issues of fact as to estoppel created by the conduct of the owner and partial performance...

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